Letter on Missing Kushner WIkiLeaks Emails and Russian Backdoor

CHARLES E GRASSLEY IOWA. CHAIRMAN

ORRlN G HATCH. UTAH

UNDSrY O GRAHAM. SOUTH CAROLINA

JOHN CORNYN. TEXAS

MICHAELS LEE. UTAH

TED CRUZ. TEXAS

BEN SASSE. NE8RASKA

jeff flake, Arizona
MIKE CRAPO. IDAHO
THOM TILLIS. NORTH CAROLINA
JOHN KENNEDY. LOUISIANA

DIANNE FEINSTEIN. CALIFORNIA
PATRICK J. LEAHY. VERMONT
RICHARD J DURBIN, ILLINOIS
SHELDON WHITEHOUSE. RHODE ISLAND
AMY KLOBUCHAR, MINNESOTA
Al FRANKEN MINNESOTA
CHRISTOPHER A COONS, DELAWARE
RICHARD BLUMENTHAL. CONNECTICUT
MAZIE K. HIRONO. HAWAII

United States Senate

COMMITTEE ON THE JUDICIARY
WASHINGTON, DC 20510-6275

Kchan L. Davis. Chief Counsel and Stjff Director
IrNNiFE" Duck. Democratic Staff Directoi

November 16, 2017

VIA ELECTRONIC TRANSMISSION

Abbe Lowell, Esq.

Norton Rose Fulbright US LLP
1200 New Hampshire Avenue, NW
Washington, DC 20036

Dear Mr. Lowell:

The Committee requested documents from your client, Jared Kushner, on October 18,
2017. In response, you produced documents to the Committee on November 3, 2017. We
appreciate your voluntary cooperation with the Committee’s investigation, but the production
appears to have been incomplete. In addition, you asked for clarification on the scope of the
request. Therefore, we write today to clarify the scope and reiterate our requests for documents.

Transcribed Interview

With respect to the Committee’s request for a transcribed interview with Mr. Kushner,
you stated that you would authorize the Committee to have complete access to the transcripts
from Mr. Kushner’s interviews with other congressional committees. However, as you know,
this Committee and the Senate and House Intelligence Committees are conducting separate
investigations. Those Committees have not provided us with transcripts of any of their other
witness interviews. If you are able to secure for the Committee copies of the transcripts from
Mr. Kushner’s other interviews, then please provide them and we will consider whether the
transcript satisfies the needs of our investigation.

Missing Documents

It appears that your search may have overlooked several documents. For example, you
limited your production in response to our second request in a manner that eliminates
communications about the individuals identified in that request. 1 If, as you suggest, Mr. Kushner
was unaware of, for example, any attempts at Russian interference in the 2016 presidential
election, then presumably there would be few communications concerning many of the persons
identified in our second request, and the corresponding burden of searching would be small.

1 The Committee requested “[a]ll communications to, from, or copied to you relating to” certain individuals, but you
stated that you “found no communications in which these individuals also appear in the to, from, or copy to lines of
the communications.”

Mr. Jared Kushner
November 16, 2017
Page 2 of 3

In addition, there are several documents that are known to exist but were not included in
your production. For example, other parties have produced September 2016 email
communications to Mr. Kushner concerning WikiLeaks, which Mr. Kushner then forwarded to
another campaign official. Such documents should have been produced in response to the third
request but were not. Likewise, other parties have produced documents concerning a “Russian
backdoor overture and dinner invite” which Mr. Kushner also forwarded. And still others have
produced communications with Sergei Millian, copied to Mr. Kushner. Again, these do not
appear in Mr. Kushner’s production despite being responsive to the second request. You also
have not produced any phone records that we presume exist and would relate to Mr. Kushner’s
communications regarding several requests.

You also raised concerns that certain documents might implicate the President’s
Executive Privilege and declined to produce those documents. We ask that you work with White
House counsel to resolve any questions of privilege so that you can produce the documents that
have been requested or provide a privilege log that describes the documents over which the
President is asserting executive privilege.

Communications Related to Lt. General Flynn

You have asked for further limiting terms in order to search for communications
involving your client and Lt. General Michael Flynn. Without waiving the right to request
additional documents as needed, please search for:

a) all communications concerning Lt. General Flynn’s termination; FARA (the Foreign
Agents Registration Act); email hacking; Russia; or the Magnitsky Act;

b) all communications to, from, or copied to Lt. General Flynn from November 8, 2016
to present; and

c) all communications to, from, or copied to Lt. General Flynn and containing any of the
following terms: Clinton, Peter Smith, WikiLeaks, Guccifer, DC Leaks, Alfa,
hacking, Putin, Lavrov, Russian Federation, RF, Kislyak. Gorkov,

Vnesheconombank, VEB, Vneshtorgbank, VTB, Sberbank, Igor Sechin, Rosneft,
Gazprom, sanctions, Ukraine, Turkey, Erik Prince, or Seychelles.

Mr. Kushner’s Security Clearance Application

You declined to produce documents requested from the Committee from your SF 86, on
the basis that the documents are confidential and have been submitted to the FBI for its review.
However, if Mr. Kushner or his counsel retained copies of the forms, you should produce them.
The SF-86 instructions explicitly advise the applicant to “retain a copy of the completed form for
your records.” Moreover, with regard to your claim that the documents are confidential, while
the Privacy Act limits the government’s authority to release the information provided to it, there
is no restriction on your client’s ability to provide that information to Congress.

Mr. Jared Kushner
November 16, 2017
Page 3 of 3

Finally, you offered to allow the Committee to review unredacted copies of the produced
documents at your offices. The Committee accepts that offer without waiving the Committee’s
request for those unredacted documents.

Accordingly, please produce the documents requested above to the Committee no later
than November 27, 2017, and contact the Committee immediately with regard to Mr. Kushner’s
transcribed interview. Thank you for your prompt attention to this important matter.

Sincerely,

Charles E. Grassley A ( i ^^>Dianne Feinstein

Chairman Ranking Member

Committee on the Judiciary Committee on the Judiciary